How does the court system of Malaysia work?

The hierarchy of courts of Malaysia starts with the Magistrates Court as the first level
followed by the High Court, Court of Appeal and the Federal Court of Malaysia, which is
the highest level. 

The High Court, Court of Appeal and the Federal Court are superior courts, while the
Magistrates Court and the Sessions Court are subordinate courts. 

There are also various other courts outside of the hierarchy. There are the Penghulu's
Courts, the Syariah Courts and the Native Courts. A court, which is paralleled in
jurisdiction with the Magistrates' Court, is the Juvenile Court. 

Generally, there are two types of trials, namely criminal and civil. 

(a) The Federal Court

The Federal Court hears appeals from the Court of Appeal.
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(b) The Court of Appeal
The Court of Appeal hears appeals from the High Court relating to both civil
and criminal matters.
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(c) The High Court
A) CIVIL JURISDICTION B) CRIMINAL C) APPELLATE
JURISDICTION JURISDICTION
The High Court has
jurisdiction to try all civil The High Court may The High Court may
matters but generally hear all matters but hear appeals from the
confines itself to matters generally confines itself Magistrates and
on which the Magistrates to offences on which the Sessions Courts in both
and Sessions Courts Magistrates and civil and criminal
have no jurisdiction. Sessions Courts have no matters.
These include matters jurisdiction, for instance,
relating to divorce and offences which carry the
matrimonial cases, death penalty.
appointment of guardians
of infants, the granting of
probate of wills and
testaments and letters of
administration of the
estate of deceased
persons, bankruptcy and
other civil claims where
the amount in dispute
 exceeds RM250,000.
…………………………………………………………………………………….

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(d) The Sessions Court
(A) CIVIL JURISDICTION (B) CRIMINAL JURISDICTION 

A Sessions Court may hear any civil A Sessions Court has jurisdiction to
matter involving motor vehicle try all criminal offences EXCEPT
accidents, disputes between landlord those punishable by death.
and tenant, and distress actions. The
Sessions Court may also hear other
matters where the amount in dispute
exceeds RM25,000 but does not
exceed RM150,000.
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(e) The Magistrates Court
The Magistrates Courts deal with the vast majority of cases, both civil and
criminal, and sit in almost all major towns in Malaysia.
A) CIVIL JURISDICTION (B) CRIMINAL JURISDICTION

A Magistrates Court may hear a civil A Magistrates Court may hear criminal
case when the amount in dispute matters of the following nature: -
does not exceed, RM25,000.
 where the offence is
Where the amount claimed does not punishable by a fine only - this
exceed RM5,000 you may wish to file would cover the majority of
your claim in the small claims division traffic offences.
of the Magistrates Court. If you do so  where the offence provides for
however, you must be prepared to a term of imprisonment not
conduct the case yourself, as legal exceeding ten (10) years. A
representation is not permitted. Magistrate may not, however,
impose a term of imprisonment
exceeding five (5) years.

Superior court
Federal Court
The Federal Court is the highest court in Malaysia. The Federal Court may hear appeals
of civil decisions of the Court of Appeal where the Federal Court grants leave to do so.
The Federal Court also hears criminal appeals from the Court of Appeal, but only in
respect of matters heard by the High Court in its original jurisdiction (i.e. where the case
has not been appealed from the Subordinate Courts).
Court of Appeal
The Court of Appeal generally hears all civil appeals against decisions of the High
Courts except where against judgment or orders made by consent. In cases where the
claim is less than RM250,000, the judgment or order relates to costs only, and the
appeal is against a decision of a judge in chambers on an interpleader summons on
undisputed facts, the leave of the Court of Appeal must first be obtained.The Court of
Appeal also hears appeals of criminal decisions of the High Court. It is the court of final
jurisdiction for cases which began in any subordinate courts.
High Courts
The two High Courts in Malaysia have general supervisory and revisionary jurisdiction
over all the Subordinate Courts, and jurisdiction to hear appeals from the Subordinate
Courts in civil and criminal matters.

The High Courts have unlimited civil jurisdiction, and generally hear actions where the
claim exceeds RM250,000, other than actions involving motor vehicle accidents,
landlord and tenant disputes and distress. The High Courts hear all matters relating to:

 the validity or dissolution of marriage (divorce) and matrimonial causes,

 bankruptcy and matters relating to the winding-up of companies,
 guardianship or custody of children,
 grants of probate, wills and letters of administration of estates,
 injunctions, specific performance or rescissions of contracts,
 legitimacy of persons.
The High Courts have unlimited jurisdiction in all criminal matters other than matters
involving Islamic law. The High Courts have original jurisdiction in criminal
cases punishable by death.

Cases are heard by a single judge in the High Court, or by a judicial commissioner.
While High Court judges enjoy security of tenure, judicial commissioners are appointed
for a term of two years, and do not enjoy similar protection under the Constitution.
An application for a judicial review is applied in this court.

Subordinate courts
The Magistrates' Courts and Sessions Courts in Malaysia have jurisdiction in both
criminal and civil matters.
Sessions Courts
Somewhat like the former Quarter Sessions in England, the Sessions Courts have
jurisdiction to try offences which are not punishable by death. They are presided over by
Sessions Court judges (formerly Sessions Court Presidents).

The Sessions Courts also hear all civil matters of which the claim exceeds RM25,000
but does not exceed RM250,000, except in matters relating to motor vehicle
accidents, landlord and tenant and distress, where the Sessions Courts have unlimited
jurisdiction.

Magistrates Courts

Magistrates are divided into First Class and Second Class Magistrates, the former being
legally qualified and having greater powers. Second Class Magistrates are now not
normally appointed.

In criminal matters, First Class Magistrates' Courts generally have power to try all
offences of which the maximum term of imprisonment does not exceed 10 years or
which are punishable with fine only, but may pass sentences of not more than five years
imprisonment, a fine of up to RM10,000, and/or up to twelve strokes of the cane. The
Magistrates Courts hear all civil matters with less than RM25,000 in dispute. The
Magistrates' Courts also hear appeals from the Penghulu's Courts.

Other courts
The court of a penghulu, or Malay village head, has the power to hear civil matters of
which the claim does not exceed RM50, where the parties are of an Asian race and
speak and understand the Malay language.

The Penghulu Court's criminal jurisdiction is limited to offences of a minor nature

charged against a person of Asian race which is specially enumerated in his warrant,
which can be punished with a fine not exceeding RM50.
In Sabah and Sarawak, there are no Penghulus' Courts, but there are instead Native
Courts having jurisdiction on matters of native law and custom.

The Court for Children, previously known as the Juvenile Court, hears cases involving
minors except cases carrying the death penalty, which are heard in High Courts instead.
Cases for children are governed by the Child Act 2001. A child is defined as any person
below the age of 18.

The Special Court was established in 1993 to hear cases of offences or wrongdoings
made by a Ruler. A Ruler includes the Yang di-Pertuan Agong (King), the sultans of
monarchical states in Malaysia, the Yang di-Pertua Negeri, and the Yang di-Pertuan
Besar, i.e.: the head of states of Malaysia and its component states. Prior to this, a
Ruler was immune from any proceedings brought against them in their personal
capacity.[3]
Syariah Courts
There is a parallel system of state Syariah Courts which has limited jurisdiction over
matters of state Islamic (sharia) law. The Syariah Courts have jurisdiction only over
matters involving Muslims, and can generally only pass sentences of not more than
three years imprisonment, a fine of up to RM5,000, and/or up to six strokes of the cane.
Appointment of judges

The appointment of the Chief Justice is governed by Article 122B of the Constitution of

Malaysia whereby the Yang di-Pertuan Agong (King) appoints the Chief Justice on the
advise of thePrime Minister of Malaysia after consulting the Conference of Rulers. As
for the appointment of the President of the Court of Appeal, the Chief Judge of Malaya,
the Chief Judge of Sabah and Sarawak, and other Federal Court judges, similar
procedure is taken with the additional requirement of consultation with the Chief Justice.
[4]

The appointment of Court of Appeal judges is also governed by the same procedures
with the additional requirement for the consultation of the President of the Court of
Appeal. As for the appointment of High Court judges, similar procedures are prescribed
with the additional requirement of consultation with the respective Chief Judges.

The appointment of Sessions Court judges is governed by Section 59 of the

Subordinate Court Act 1948. They are appointed by the Yang di-Pertuan Agong upon
the advise of the respective Chief Judges.
Section 78 of the Subordinate Courts Act 1948 provides that the appointment of
magistrates are done by the respective state government upon the advise of the
respective Chief Judges, except for magistrates in the Federal Territory, where thy are
appointed by the Yang di-Pertuan Agong upon the advise of the Chief Judge.